Fla. Admin. Code Ann. R. 64B20-8.009 - Thirty-Day Trial Period; Purchaser's Right to Cancel; Notice; Refund; Cancellation Fee
(1) A person selling a
prescription hearing aid(s) in the State of Florida must provide the purchaser
with written notice of the 30-day trial period and money-back guarantee, as
provided in Section 468.1246, F.S., and subsection
64B20-8.008(3),
F.A.C. The terms and conditions of the guarantee as well as the total amount
available for refund shall be provided in writing to the purchaser prior to the
signing of the contract.
(2) The
guarantee shall permit the purchaser to cancel the purchase, for a valid
reason, within 30 days of the receipt of the prescription hearing aid(s). A
valid reason shall be defined as failure by the purchaser to achieve
satisfaction from use of the prescription hearing aid(s), so long as the
prescription hearing aid(s) is returned to the seller within the 30-day trial
period in good working condition. If the prescription hearing aid(s) must be
repaired, remade, or adjusted within the 30-day trial period, then the trial
period shall be suspended until the purchaser reclaims the prescription hearing
aid(s) or until 4 days after the purchaser is notified that the prescription
hearing aid(s) is available to be reclaimed, whichever is earlier. In the event
of cancellation within the 30-day trial period, the purchaser shall have the
right to receive a refund of the total purchase price, less the charges for
earmold(s) and service provided to fit the prescription hearing aid(s) not to
exceed $300.00 for monaural and $600.00 for binaural prescription hearing
aid(s), and cancellation fee not to exceed 5% of the total purchase price of
the prescription hearing aid(s) alone.
(3) This rule shall be reviewed, and if
necessary, repealed, modified, or renewed through the rulemaking process five
years from the effective date.
Notes
Rulemaking Authority 468.1135(4) FS. Law Implemented 468.1246 FS.
New 11-30-94, Formerly 59BB-8.009, Amended 6-8-23.
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